MATTER OF SIPALA v. ZONING BD. OF APPEALS


2 Misc.2d 1048 (1956)

In the Matter of Thomas J. Sipala, Petitioner, v. Zoning Board of Appeals of the Town of Huntington, Respondent.

Supreme Court, Special Term, Suffolk County.

February 14, 1956.


Attorney(s) appearing for the Case

Meyer, Kissel, Matz, Reynolds & Seward for respondent.

David Holman for petitioner.


HOWARD T. HOGAN, J.

Respondent moves pursuant to section 1293 of the Civil Practice Act to dismiss a petition brought under article 78 of the Civil Practice Act, on the ground that the proceeding is barred by subdivision 7 of section 267 of the Town Law. It appears that the decision sought to be reviewed was filed by respondent on December 5, 1955. Thereafter, on January 3, 1956 petitioner obtained an order to show cause why said decision should not be...

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